THE LAST ARTICLE ABOUT THE LANGUAGE OF ERISA PREEMPTION - A CASE-STUDY OF THE FAILURE OF TEXTUALISM

The Employee Retirement income Security Act of 1974 has been held to p reempt a vast array of state statutes and common law, ranging from fam ily leave programs to health care finance reforms. In this Article, Pr ofessor Fisk argues that the Supreme Court's misguided faith in textua list methods of interpreting ERISA's preemption provisions has produce d doctrinal confusion and unintended public policy. While she endorses the Court's move last Term to a more pragmatic approach to ERISA pree mption, Professor Fisk's account of the development of ERISA preemptio n doctrine helps to explain how textualist methods of statutory interp retation may have significant - and oftentimes unintended - effects on the development of law and public policy.